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I~esolufion No. ~~~-~o9u
RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
APPROVING TENTATIVE SUDVISION MAP TSM OS-08
(RICHARD BALL)
WHEREAS, the Board of Supervisors has considered Tentative Subdivision Map OS-08
for Richard Ball, in accordance with Chapter 20; Subdivisions, of the Butte County Code on
Assessor's Parcel Number 030-072-069; and
WHEREAS, said map was referred to various affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, the approval of said map by the Planning Commission on March 8, 2007,
was appealed in a timely manner and with the appropriate fees; and
WHEREAS, a duly noticed public hearing was held before the Board of Supervisors to
consider the appeal on May 8, 2007; and
WHEREAS, the Board of Supervisors has considered an Initial Study and Mitigated
Negative Declaration in accordance with the California Environmental Quality Act; and
WHEREAS, the Board of Supervisors has considered public comments, and a report
from the Planning Division, the recommendation from the Planning Commission, and the appeal
letter on record; and
WHEREAS, the County has identified minor modifications to the transportation section
of the initial study for the project:
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I. Modifies the Initial Study as follows:
A. Page 19, first paragraph, to read (pg 47 of Board Report):
The project site is located on 18th Street, approximately 700 feet north of Grand Avenue. Access
to the site would be from a proposed private or public road off of 18th Street. Eighteenth Street,
classified as a Select Arterial roadway south of Grand, had an average daily traffic volume of
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1,352 trips, north of Oro Dam Highway (Hwy 162) and 1,057 trips, south of Grand Avenue (Butte
County Department of Public Works, 2003). Based on the Butte County General Plan, a
determination of service is by the type of roadway. Eighteenth Street north of Grand Ave. would
be classified as a 2-lane surface street. Currently 18th street would be at a Level of Service "A"
(9,600 average daily trips). According to Butte County Association of Governments 2003 counts,
Grand Avenue, south of 18th Street, had an average of 5219 daily trips (Tuesday, Wednesday, and
Thursday). Grand Avenue is currently serviced at Level of Service "A".
B. Page 19, fourth paragraph, to read (pg 47 of Board Report):
Other projects, when taken together, are forming cumulative impacts at the intersections of Oro
Dam Boulevard at l Otn 12tH and 18th Streets, and at Grand Avenue. A traffic analysis, prepared
by Lanphier Associates for the Emerald Oaks Estates Subdivision (May 2005), indicates a
significant increase in traffic is occurring when taking into account pending City and County
projects in the Thermalito area (see pages 28 and 29). To mitigate this cumulative traffic impact,
a condition will be placed on the Tentative Subdivision Map which will require a fair share
contribution to traffic mitigation measures identified by the study. This contribution reduces the
cumulative impacts to a less than significant level.
II. Denies the appeal based on the following findings:
"Traffic issue:
A. The right-of--way for 18t" Street is eighty feet wide.
B. The current paving width is approximately 18 feet allowing two full travel
lanes.
C. The General Plan Circulation Element (page CIR - 51) designates a two
lane surfaced roadway with an Average Daily Vehicle Trips of up to 9,600
as level of service "A."
D. The ADT is 241 or an "A" level of service, well below the maximum of
9,600 (Butte County Department of Public Works, 2003).
E. The project will generate 162 additional trips per day, for a total of 403
trips, providing an "A" level of service.
Density Issue:
A. The AR (Agricultural Residential) zone allows for up to 6,500 square foot
lots. This is considered urban low density.
B. The area is serviced by public sewer and water.
C. Developing in an area designated by the General Plan as Low Density
Residential for dwellings a urban densities minimizes the demand for the
conversion of agricultural lands located elsewhere to urban uses.
III. Adopts a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California
Environmental Quality Act. Said study identified significant
environmental effects and included mitigation measures that would
mitigate such effects below significant levels; a Mitigated Negative
Declaration is proposed.
B. The Board of Supervisors has considered the proposed Mitigated Negative
Declaration, together with comments received during the review process.
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Changes to mitigation measure #4 represents equal or better mitigation as
compared to the mitigation circulated for public and agency review.
Changes in the transportation section of the initial study noted in Section I
above will not result in new environmental impacts or an increased
severity of environmental impacts as evaluated in the initial study.
Recirculation of the initial study/mitigated negative declaration for
subsequent public and agency review is not required as a result of these
changes.
C. On the basis of the whole record before the Board of Supervisors,
including the Initial Study and any comments received, there is no
substantial evidence that the Tentative Subdivision Map for Richard Ball,
Planning Division File No. TSM OS-08, would have a significant effect on
the environment. The custodian of the record is the Land Development
Division of the Public Works Department. The location of the record is 7
County Center Drive, Oroville CA 95965.
D. The proposed Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
IV. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 is
required, prior to filing a Notice of Determination for the project, unless the
project proponent provides verification from the California Department of Fish
and Game that the project is exempt from the fee requirement. If a required fee is
not paid for a project, the project will not be operative, vested or final and any
local permits issued for the project will be invalid (Section 711.4 (c) (3)).
V. Approves Tentative Subdivision Map OS-08 for Richard Ball, subject to the
conditions found in Exhibit "A", and based on the following findings:
A. The proposed Tentative Subdivision Map is consistent with the Goals and
Policies of the Butte County General Plan and Policy 32.a of the Land Use
Element which requires that residential densities be correlated to soil, slope
and other natural site characteristics. The project does not contain any
characteristics that preclude it from being developed at the proposed density
of 4.00 dwelling units per gross acre.
B. The proposed Tentative Subdivision Map is consistent with the Goals and
Policies of the Butte County General Plan and Policy 3.2.b of the Land Use
Element which requires residential densities to be correlated to the availability
of water and sewage disposal and proximity to other facilities. Public water
and sewer services will be provided by the Thermalito Irrigation District.
C. With the addition of Department of Public Work's conditions regarding
access, drainage and improvement standards, and Environmental Health
Division conditions regarding sewer systems and water supplies, the project is
physically suitable for the use and density of the proposed development.
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D. With the additions of California Department of Forestry/Butte County Fire
Department conditions regarding compliance with the Fire Safe Regulations,
fire hydrant identification, pressurized community water system for fire
protection purposes, and other fire safety measures, the project conforms to
the fire requirements of the Butte County Fire Department.
E. The design and improvements of the project will not conflict with easements
acquired by the public at large for access through or use of property within the
proposed subdivision. The County does not own any public easements within
the land division. No other conflict of easements occurs.
F. Approval of this project will not impair the integrity and character of the zone
in which the land lies, and the use will not be unreasonably incompatible with,
or injurious to, surrounding properties, nor be detrimental to the general
health, safety and welfare of the public, because the mitigation measures
identified by the project initial study have been incorporated into the project
as conditions of approval. The conditions must be satisfied or the final map
will not be allowed to be recorded.
DULY PASSED AND ADOPTED this 8t" day of May 2007, by the following vote:
AYES: Supervisors Connelly, Kirk, .Tosia.ssen, Yamaguchi, and Chair Dolan
NOES: None
ABSENT: None
ABSTAIN: None
t ,
JANE DOL' AN, Chair
Butte County Board of Supervisors
ATTEST:
PAUL MCI OS~f, Ch' f Administrative
and Clerk oft c,
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May 8, 2007
EXHIBIT A
Tentative Subdivision Map for Richard Ball, on APN 030-072-069, File #TSM OS-08: An
application for a Tentative Subdivision Map to divide a 4.25-acre parcel into 17 residential lots
ranging in size from 6,500 to 9,909 square feet, and one storm detention lot. The parcel is zoned
Agricultural Residential (6,500 square feet minimum parcel size) and with a General Plan land
use designation of Low Density Residential.
I. CONDITIONS OF APPROVAL:
Planning Division
Street lighting, shall be provided for pedestrian and vehicular safety and shall be shielded
so that direct illumination does not fall on or cause interference with neighboring land
uses or adjacent roadways. Street lighting shall be provided in accordance with Butte
County requirements, accepted design criteria, and recommendations of Pacific Gas &
Electric Company. Maintenance shall be provided by the Homeowners Association.
2. Mitigation Measure # 1: Place a note on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: "Dust generated by
all development activities shall be kept to a minimum, with a goal of retaining dust on the
site. Follow the dust control measures listed below:
a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior
to any land clearing or earth movement to minimize dust emissions. At a minimum,
this would include wetting down areas in the later morning and after work is
completed for the day, and whenever wind exceeds 15 miles per hour.
b. Haul vehicles transporting soil into or out of the property shall be covered.
c. Post a publicly visible sign with the telephone number and person to contact
regarding dust complaints. This person shall respond and take corrective action
within 24 hours. The telephone number of the Butte County Air Quality Management
District shall be visible to ensure compliance with BCAQMD Rule 200 & 205
(Nuisance and Fugitive Dust Emissions).
d. All visibly dry disturbed soil surface areas of operation shall be watered to minimize
dust emissions.
e. Existing roads and street adjacent to the project shall be cleaned at lease once per day
unless conditions warrant a greater frequency.
£ Soil stockpiled for more than two days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
Plan Requirements: The note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet. This note shall also
be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
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Monitoring: The Department of Development Services and Department of Public
Works 1/~~ent shall ensure that the note is placed on a separate document which is to
be recorded concurrently with the map or on an additional map sheet. The Department of
Development Services shall ensure that this note is placed on all building and site
development plans. Building inspectors shall spot check and shall ensure compliance on-
site. Butte County Air Quality Management District inspectors shall respond to nuisance
complaints.
3. Mitigation Measure # 2:
Place a note on a separate document which is to be recorded concurrently with the map or
on an additional map sheet that states: "Should development activities reveal the
presence of cultural resources (i.e., artifact concentrations, including arrowheads and
other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal
remains), work within 50 feet of the find shall cease immediately until a qualified
professional archaeologist can be consulted to evaluate the remains and implement
appropriate mitigation procedures. Should human skeletal remains be encountered, State
law requires immediate notification of the County Coroner. Should the County Coroner
determine that such remains are in an archaeological context, the Native American
Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,
to arrange for Native American participation in determining the disposition of such
remains."
Plan Requirements: The required note shall be placed on a separate document which is
to be recorded concurrently with the map or on an additional map sheet and on all
building and site development plans.
Timing: This measure shall be implemented during all site preparation and construction
activities.
Monitoring: The Department of Public Works and the Department of Development
Services shall ensure that the required note is placed on a separate document which is to
be recorded concurrently with the map or on an additional map sheet. Should cultural
resources be discovered, the Department of Development Services shall coordinate with
the developer and appropriate authorities to avoid damage to cultural resources and
determine appropriate action.
4. Mitigation Measure # 4:
Prior to the recordation of the Subdivision Map pay a fair share contribution to traffic
mitigation measures identified in the Transportation Study by Lanphier Associates for the
Emerald Oaks Estates Subdivision (May 2005; pages 28 and 29) or other traffic study as
approved by the department of Public Works.
Plan Requirements: Pay a fair share contribution prior to recording of the Final Map.
Timing: Pay a fair share contribution prior to recording of the Final Map.
Monitoring: The Department of Public Works shall ensure that the required fee is paid.
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5. Prior to recordation of the Final Map, pay any outstanding project-related processing
fees.
Land Development Division
6. Prior to or concurrently with the recordation of the Final Map, provide a fully executed
road maintenance agreement for all non-publicly maintained access roads on the County
approved form. A note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet of the Final Map stating: "In
accordance with Civil Code Section 845, maintenance of the road as shown hereon shall
be shared by those properties with a legal interest in it."
7. All access rights shall he reserved by deed per County Ordinance, offered for dedication,
and depicted on the Final Map. Place the following note on the Final Map: "approved
road name is anon-exclusive easement for ingress, egress, road and public services
purposes, to be reserved in deeds and is hereby offered for dedication to the County of
Butte."
8. Prior to or concurrently with the recordation of the Final Map, Deed to Butte County in
fee simple 30 feet of right-of--way from the centerline of 18th Street along the entire
property frontage. The right-of--way shall be sufficient for the installation of
Improvement Standard No.S-5 at all street intersections.
9. Prior to or concurrently with the recordation of the Final Map, relinquish abutter's rights
of access to Butte County along the 18th Street frontage of parcel 1 and parcel B, except
at approved access points.
10. Prior to recordation of the Final Map, provide street name signs per requirements of the
Department of Public Works. Street names shall be reviewed by the County Address
Coordinator and one name for each new street shall be recommended to the Board of
Supervisors for approval prior to recordation of the Final Map. A minimum of five
alternate names for each new street shall be submitted.
11. Prior to final road inspection, install all necessary traffic safety signs including stop signs.
For all non-publicly maintained access roads, a note shall be placed on a separate
document which is to be recorded concurrently with the map or on an additional map
sheet of the Final Map stating: "No public entity shall be responsible for the maintenance
of the traffic safety signs including stop signs. In accordance with Civil Code Section
845, maintenance of the traffic safety signs shall be shared by those properties with a
legal interest in them."
12. Prior to the recordation of the Final map, construct, or provide a performance bond and
labor and material bond for the construction of a 1/z+ 12' street section on 18th Street to an
RS-2A road standard with vertical curb, gutter, and sidewalk and 3" AC, and 12" AB,
prime coat, fog seal and 95 % relative compaction. Construct a full street section on
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interior street to an RS-2B road standard with rolled curb, gutter, and sidewalk and 2"
AC, and 8" AB, prime coat, fog seal and 95 % relative compaction. Submit design to
Land Development Division for approval prior to construction. "R" value determination
and other data may be required to support the section design. Form a_Home Owners
Association (HOA), Road Maintenance Association (RMA) or other means acceptable to
the Planning Commission or the Board of Supervisors for operation and maintenance of
interior street and storm drain facilities.
13. The Developer must complete the formation of a Home Owners Association, Road
Maintenance Association or other approved maintenance entity for road and drainage
maintenance prior to recordation of the Final Map. The maintenance entity formation
process will require the Developer to fund the service until the beginning of the first
fiscal year in which service charges can be collected for the maintenance entity, and
agree to an annual maximum service charge to ensure continued maintenance of the
facilities.
14. Street lighting shall be provided in accordance with Butte County requirements, accepted
design criteria, and recommendations of Pacific Gas & Electric Company. Where the
County has determined that it is not detrimental to health and safety, the developer may
choose to only install electrical outlets for streetlights. If streetlights are to be installed,
the annual energy costs shall be funded through a County Service Area (CSA) or other
entity as approved by the Public Works Director. The developer must complete the
formation of the CSA or other approved entity prior to recordation of the Final Map. The
formation of a CSA or other approved entity will require the developer to fund the
service until the beginning of the first fiscal year in which service charges can be
collected and to agree to an annual maximum service charge to ensure continued
operation of the facilities.
15. Mitigation Measure # 3:
Prior to recordation of the Final Map or any grading of the property, a plan for a
permanent solution for drainage shall be submitted to and approved by the Department of
Public Works. The drainage plans shall specify how drainage waters shall be detained
on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or
facility and shall provide that there shall be no increase in the peak flow runoff to said
channel or facility.
Plan Requirements: All requirements shall be shown on grading and building plans.
Timing: The drainage plan shall be submitted and approved prior to any grading on the
property, and the required drainage improvements constructed or bonded for construction
prior to recordation of the Final Map.
Monitoring: The Department of Public Works shall ensure that the required plan is
submitted and ensure that the drainage improvements are constructed or bonded for
construction.
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16. Prior to, or concurrently with the recordation of the Final Map, pay the applicable
drainage fees in effect at the time of recordation of the Final Map for the Thermalito
drainage area. (The current fee is now $ 6,212 /acre.)
17. Prior to grading, a Construction Storm Water Permit will be required by the State Water
Resources Control Board if the project results in a disturbance (including clearing,
excavation, filling, and grading) of one or more acres. The Permit must be obtained from
the State Water Resources Control Board prior to construction. If a Construction Storm
Water Permit is required, place a note on an additional map sheet that states: "The
development of this Final Map requires construction storm water permit. Construction
activities that result in a land disturbance of less than one acre, but which are part of a
larger common plan of development, also require a permit. Development of individual
lots may require an additional permit(s)."
18.. Show all easements of record on the Final Map.
19. Prior to or concurrently with the recordation of the Final Map, pay in full any and all
delinquent, current and estimated taxes and assessments as specified in Article 8 of
Chapter 4 of Division 2 of Title 7, of the Government Code commencing with Section
66492.
Fire Department
20. Prior to building construction, provide an all weather access of at least 10 feet wide and
vertical clearance of 15 feet that will allow for ingress and egress and accommodate a
40,000-pound fire apparatus to within 150 feet of all structures.
21. Prior to construction, a pressurized community water system for fire protection is
required. Bonding may be allowed with the approval of the County Fire Chief. Average
required hydrant spacing is 500 feet, hydrant size 6 inches, and residual fire flow of 1000
GPM (gallons per minute). Fire hydrant identification, road reflectors or post reflectors
acceptable to the County Fire Chief shall be installed or bonded, prior to Final map
recordation. Submit plans to the Fire Department for review and approval prior to
construction.
Environmental Health Division
22. Prior to final map approval, place a note on the additional map sheet that states
"Development of lots 1-17 will require connection to a public water supply."
23. Prior to final map approval, place a note on the additional map sheet that states
"Development of lots 1-17 will require connection to a public sanitary sewer."
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May 8, 2007
Airport Land Use Commission
24. Prior to final map approval, place a note on the additional map sheet that states "Airspace
review by the Airport Land Use Commission is required for all objects more than 100
feet tall."
25. Prior to final map approval, place a note on the additional map sheet that states "Provide
a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the
airport and the potential for possible noise-related impacts in an ALUC-approved
disclosure notice."
Pacific Gas & Electric
26. Prior to final map approval, place a note on the additional map sheet that states "Any
relocation or rearrangement of any existing PG&E facilities in the area to accommodate
this project will be at the expense of the developer."
27. Prior to final map approval, place a note on the additional map sheet that states "There
shall be no building of structures, or the storage of materials allowed over or under any
existing PG&E facilities, or inside any easements that exist which would infringe on
PG&E easement rights."
County Counsel
28. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
II. NOTATION
A. Minor changes may be approved administratively by the Directors of
Development Services, Environmental Health, or Public Works upon receipt of a
substantiated written request by the applicant, or their respective designee. Prior
to such approval, verification shall be made by each Department or Division that
the modification is consistent with the application, fees paid and environmental
determination as conditionally approved. Changes deemed to be major or
significant in nature shall require a formal application for amendment.
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